Minutes of Council - 25 00 2020

Palmerston North City Council

Minutes of the Council Meeting Part I Public, held in the Council Chamber, First Floor, Civic Administration Building, 32 The Square, Palmerston North on 25 March 2020, commencing at 9.01am

Members

Present:

The Mayor (Grant Smith) (in the Chair) and Councillors Brent Barrett, Susan Baty, Zulfiqar Butt, Vaughan Dennison, Renee Dingwall, Lew Findlay QSM, Patrick Handcock ONZM, Lorna Johnson, Bruno Petrenas, Aleisha Rutherford and Tangi Utikere.

Apologies:

Councillors Rachel Bowen, Leonie Hapeta, Billy Meehan and Karen Naylor.

Councillor Rachel Bowen entered the meeting at 9.25am via audio visual link during consideration of clause 26. She was not present for clauses 24 to 26.1 inclusive.

Councillor Leonie Hapeta entered the meeting at 9.25am via audio visual link during consideration of clause 26. She was not present for clauses 24 to 26.1 inclusive.

Councillor Billy Meehan entered the meeting at 9.25am via audio visual link during consideration of clause 26. He was not present for clauses 24 to 26.1 inclusive.

Councillor Karen Naylor entered the meeting at 9.25am via audio visual link during consideration of clause 26. She was not present for clauses 24 to 26.1 inclusive.

24-20

Apologies

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That Council receive the apologies.

Clause 24-20 above was carried 12 votes to 0, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Zulfiqar Butt, Vaughan Dennison, Renee Dingwall, Lew Findlay QSM, Patrick Handcock ONZM, Lorna Johnson, Bruno Petrenas, Aleisha Rutherford and Tangi Utikere.

25-20

Late Items

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That the following additional items be received. The reason for lateness is that legal advice has been sought to allow essential services to continue during Alert Level 4 relating to COVID-19, which requires attention at this meeting.

- Alteration to Standing Orders

- Establishment of Business Continuity Committee

- Delegation Changes for Emergency Purpose

Clause 25-20 above was carried 12 votes to 0, the voting being as follows:

For:

26-20	Alteration to Standing Orders
	Moved Grant Smith, seconded Tangi Utikere. RESOLVED 3. Noting that Standing Order 3.11.1 has been met: 2.5A – Temporary right to attend by audio or audiovisual link During the period that the New Zealand or Palmerston North alert level for Coronavirus is at “Level 3” or higher, members of the local authority or its committees have the right to attend meetings by means of an audio or audiovisual link, unless they have been lawfully excluded. [cl 25A(1), Schedule 7, LGA] 2.5B – Temporary right to vote by audio or audiovisual link During the period that the New Zealand or Palmerston North alert level for Coronavirus is at “Level 3” or higher, where a meeting has a quorum, members attending a meeting by audio or audiovisual link may vote on any matters raised at the meeting, provided the conditions of the standing orders are met where relevant. [cl 24(1) and cl 24(4), Schedule 7, LGA]
	Clause 26.3 above was carried 12 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Zulfiqar Butt, Vaughan Dennison, Renee Dingwall, Lew Findlay QSM, Patrick Handcock ONZM, Lorna Johnson, Bruno Petrenas, Aleisha Rutherford and Tangi Utikere. Councillors Rachel Bowen, Leonie Hapeta, Billy Meehan and Karen Naylor entered the meeting at 9.25am via audio visual link.
	Moved Grant Smith, seconded Tangi Utikere. 1. That the report entitled “Alteration to Standing Orders”, of Council meeting 25 March 2020, is received. 2. That the Standing Orders are altered by removal of SO 2.4.5 and SO 3.4.5 “Definition of quorum for committee meetings” at all times that the New Zealand or Palmerston North alert level for Coronavirus is at “Level 3” or higher.
	Clauses 26.1 and 26.2 above were carried 16 votes to 0, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Zulfiqar Butt, Vaughan Dennison, Renee Dingwall, Lew Findlay QSM, Patrick Handcock ONZM, Leonie Hapeta, Lorna Johnson, Billy Meehan, Karen Naylor, Bruno Petrenas, Aleisha Rutherford and Tangi Utikere.

27-20

Establishment of Business Continuity Committee

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That the report entitled “Establishment of Business Continuity Committee”, of Council meeting 25 March 2020, is received.

2. That a new Standing Committee, “Business Continuity Committee” is established as of 25 March 2020 and remains in place at all times that the New Zealand or Palmerston North alert level for Coronavirus is at “Level 3” or higher.

3. That all current Standing Committees except the Hearings Committee and Hearings by Commissioner are suspended as of 25 March 2020 and that this suspension remains in place at all times that the New Zealand or Palmerston North alert level for Coronavirus is at “Level 3” or higher.

4. That the Council adopts the Terms of Reference (attached) of the Business Continuity Committee.

5. That the Council approve Delegation 170A (attached) for the period of the establishment of the Business Continuity Committee.

Clause 27-20 above was carried 16 votes to 0, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Rachel Bowen, Zulfiqar Butt, Vaughan Dennison, Renee Dingwall, Lew Findlay QSM, Patrick Handcock ONZM, Leonie Hapeta, Lorna Johnson, Billy Meehan, Karen Naylor, Bruno Petrenas, Aleisha Rutherford and Tangi Utikere.

28-20

Delegation Changes for Emergency Purpose

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That the report entitled “Delegation Changes for Emergency Purpose”, of Council meeting 25 March 2020, is received.

2. That the “Specified Sum” as identified at clause 142 of the Delegation be temporarily set at $3.2 million at all times that the New Zealand or Palmerston North alert level for Coronavirus is at “Level 3” or higher, in accordance with recommended clause 142A, subject to an amendment to 142A that reads “this clause does not apply to the calculation of the delegated authority in accordance with Delegation 221, concerning the write-off of bad debts”.

3. That the Council provide a temporary delegation, “the Coronavirus Emergency Expenditure,” to the Chief Executive to empower the Chief Executive to enter transactions of up to $3.2 million subject to appropriate constraints as identified in the recommended clause 211A.

4. That all spending related to the Coronavirus (COVID-19) response be reported to the Finance and Audit Committee within 6 months after the lowering of the alert levels.

Clause 28-20 above was carried 16 votes to 0, the voting being as follows:

For:

29-20

Confirmation of Minutes

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That the minutes of the ordinary meeting of 18 March 2020 Part I Public be confirmed as a true and correct record, subject to an amendment to clause 23-20, noting that Clause 3.11 of Committee of Council recommendations be adopted subject to the below amendment:

“That the Consultation Document for the 2020/21 Annual Budget (Plan) as attached to the report titled ‘Annual Budget 2020/21 – Final Version of Consultation Document’ and amended to include corrections to the financial table on page 13 of the document, and subject to the deletion of the “Let’s Talk” sessions, be adopted”.”

Clause 29-20 above was carried 13 votes to 0, with 3 abstentions, the voting being as follows:

For:

The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Zulfiqar Butt, Vaughan Dennison, Renee Dingwall, Lew Findlay QSM, Patrick Handcock ONZM, Leonie Hapeta, Lorna Johnson, Bruno Petrenas, Aleisha Rutherford and Tangi Utikere.

Abstained:

Councillors Rachel Bowen, Billy Meehan and Karen Naylor.

Reports

30-20

Update on the Release of Part II (confidential) items

Memorandum, presented by Hannah White, Democracy and Governance Manager.

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That the report Update on the Release of Part II (confidential) items be received.

Clause 30-20 above was carried 16 votes to 0, the voting being as follows:

For:

The meeting adjourned at 10.24am.
The meeting resumed at 10.46am.

Exclusion of Public

31-20

Recommendation to Exclude Public

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. “That the public be excluded from the following parts of the proceedings of this meeting listed in the table below.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered		Reason for passing this resolution in relation to each matter	Ground(s) under Section 48(1) for passing this resolution
12.	Award of Tender - CET Arena Redevelopment	Commercial Activities	s7(2)(h)

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings of the meeting in public as stated in the above table.

Clause 31-20 above was carried 16 votes to 0, the voting being as follows:

For:

The public part of the meeting adjourned at 10.47am.

The public part of the meeting resumed at 11.24am.

32-20

Fees & Charges - Animal Control

Memorandum, presented by Steve Paterson, Strategy Manager - Finance.

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That item 6 of clause 16-20 of the recommendations from the Finance and Audit Committee meeting of 18 March 2020 be replaced with the following:

“6.1 That the fees and charges for Impounding of Animals (in terms of section 14 of the Impounding Act 1955) and for Dog Registration and Dog Impounding (in terms of sections 37 and 68 of the Dog Control Act 1996) as proposed in Appendix 6 be adopted with the following amendment:

1. the preferred owner application fee and the proposed process for obtaining preferred owner status be applied only to those who are not currently classified as preferred owners

2. the registration fee for all preferred owners be $85

6.2 That following public notification the fees and charges take effect from 1 July 2020.”

Clause 32-20 above was carried 16 votes to 0, the voting being as follows:

For:

33-20

Work Schedule

Moved Grant Smith, seconded Tangi Utikere.

RESOLVED

1. That the Council receive its Work Schedule dated March 2020.

Clause 33-20 above was carried 16 votes to 0, the voting being as follows:

For:

Recommendations from Committee Meetings

34-20	Planning & Strategy Committee Part I Public - 11 March 2020 Consideration was given to Planning & Strategy Committee recommendations as appended to these minutes.
	Moved Aleisha Rutherford, seconded Patrick Handcock ONZM. RESOLVED 1. That clauses 8-20 and 11-20 of the Committee's recommendations be adopted, subject to the following amendment: That item 1 of clause 11-20 be amended to read: “1. That the Council approve the draft Palmerston North Speed Limits Bylaw 2020 Consultation Document (as attached as attachment one in the report titled “Draft Speed Limits Bylaw 2020 – approval for consultation”, dated 11 March 2020) for consultation with the public, and that the period of consultation be deferred to a later time to be determined by the Chief Executive and the Chairperson.”
	Clause 34.1 above was carried 13 votes to 0, with 3 abstentions, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Zulfiqar Butt, Vaughan Dennison, Renee Dingwall, Lew Findlay QSM, Patrick Handcock ONZM, Leonie Hapeta, Lorna Johnson, Bruno Petrenas, Aleisha Rutherford and Tangi Utikere. Abstained: Councillors Rachel Bowen, Billy Meehan and Karen Naylor.
	Moved Aleisha Rutherford, seconded Patrick Handcock ONZM. 2. That clause 9-20 of the Committee’s recommendations be adopted.
	Clause 34.2 above was carried 10 votes to 3, with 3 abstentions, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Susan Baty, Zulfiqar Butt, Vaughan Dennison, Lew Findlay QSM, Patrick Handcock ONZM, Leonie Hapeta, Bruno Petrenas, Aleisha Rutherford and Tangi Utikere. Against: Councillors Brent Barrett, Renee Dingwall and Lorna Johnson. Abstained: Councillors Rachel Bowen, Billy Meehan and Karen Naylor.

35-20

Finance & Audit Committee Part I Public - 18 March 2020

Consideration was given to Finance & Audit Committee recommendations as appended to these minutes.

Moved Susan Baty, seconded Tangi Utikere.

RESOLVED

1. That the Committee's recommendations be adopted, subject to the following amendment:

That item 6 of clause 16-20 be replaced with the following:

1. the preferred owner application fee and the proposed process for obtaining preferred owner status be applied only to those who are not currently classified as preferred owners
2. the registration fee for all preferred owners be $85

6.2 That following public notification the fees and charges take effect from 1 July 2020.”

Clause 35-20 above was carried 13 votes to 0, with 3 abstentions, the voting being as follows:

For:

Abstained:

Councillors Rachel Bowen, Billy Meehan and Karen Naylor.

36-20	Play, Recreation & Sport Committee Part I Public - 18 March 2020 Consideration was given to Play, Recreation & Sport Committee recommendations as appended to these minutes.
	Moved Leonie Hapeta, seconded Aleisha Rutherford. RESOLVED 1. That clause 4-20 (item 3) of the Committee's recommendations be adopted, subject to the following amendment: That the words “$300,000” be replaced with “up to $300,000”.
	Clause 36.1 above was carried 11 votes to 1, with 4 abstentions, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Zulfiqar Butt, Vaughan Dennison, Renee Dingwall, Patrick Handcock ONZM, Leonie Hapeta, Bruno Petrenas, Aleisha Rutherford and Tangi Utikere. Against: Councillor Lorna Johnson. Abstained: Councillors Rachel Bowen, Lew Findlay QSM, Billy Meehan and Karen Naylor.
	Moved Leonie Hapeta, seconded Aleisha Rutherford. RESOLVED 2. That clauses 4-20 (items 1, 2, 4 and 5) and 8-20 of the Committee’s recommendations be adopted.
	Clause 36.2 above was carried 12 votes to 0, with 4 abstentions, the voting being as follows: For: The Mayor (Grant Smith) and Councillors Brent Barrett, Susan Baty, Zulfiqar Butt, Vaughan Dennison, Renee Dingwall, Patrick Handcock ONZM, Leonie Hapeta, Lorna Johnson, Bruno Petrenas, Aleisha Rutherford and Tangi Utikere. Abstained: Councillors Rachel Bowen, Lew Findlay QSM, Billy Meehan and Karen Naylor.

The meeting finished at 11.51am

Confirmed 29 April 2020

Mayor

Council - Part I 25 March 2020

Recommendations from Committee

TO: Council

MEETING DATE: 25 March 2020

TITLE: Presentation of the Part I Public Finance & Audit Committee Recommendations from its 18 March 2020 Meeting

Set out below are the recommendations only from the Finance & Audit Committee meeting Part I Public held on 18 March 2020. The Council may resolve to adopt, amend, receive, note or not adopt any such recommendations. (SO 3.18.1)

14-20

Palmerston North Airport Ltd - Interim Report for 6 months to 31 December 2019

Memorandum, presented by Steve Paterson, Strategy Manager - Finance.

The COMMITTEE RECOMMENDS

1. That the Interim Report and Financial Statements of Palmerston North Airport Ltd for the period ended 31 December 2019 be received.

15-20		Palmerston North Airport Ltd - Draft Statement of Intent for 2020/21 Memorandum, presented by Steve Paterson, Strategy Manager - Finance.
		The COMMITTEE RECOMMENDS 1. That the Palmerston North Airport Ltd (PNAL) draft Statement of Intent (SOI) for 2020/21 be received and the associated presentation, including the preliminary assessments from the Board Chair and Chief Executive of the impact of COVID-19 on the company, be noted.
		2. That PNAL be advised the Council supports the proposed direction and implementation strategy and that an updated version of the SOI be prepared for Council consideration following the Board’s consideration of the potential impact of COVID-19 on the budgeted financial position.
		3. That PNAL be advised that in the interests of supporting the proposed Terminal Development Plan, the Council is prepared to consider an amendment to the dividend policy, though the nature of that policy will need to be considered in the light of the updated financial forecasts.
	16-20		Fees and Charges Review Report, presented by Steve Paterson, Strategy Manager - Finance. The COMMITTEE RECOMMENDS 1. That the Fees and Charges Review report be received and the current status of fees and charges be noted. Trade waste 2. That the proposal to adopt updated fees and charges for Trade Waste services effective from 1 July 2020 as attached in Appendix 2, be approved for public consultation and the Chief Executive be authorised to undertake the necessary consultative process under sections 82 and 150 of the Local Government Act 2002. Planning & Miscellaneous 3. That the Statement of Proposal (and the associated summary) to adopt updated fees and charges for Planning Services and Miscellaneous Services effective from 1 July 2020 as attached in Appendix 3, be approved for public consultation and the Chief Executive be authorised to undertake the necessary consultative process under sections 83 and 150 of the Local Government Act 2002. Building 4. That the fees and charges for Building Services, as proposed in Appendix 4 be adopted and following public notification take effect from 1 July 2020. Environmental Health 5. That the fees and charges for Environmental Health Services (in terms of regulation 7 of the Health (Registration of Premises) Regulations 1966) as proposed in Appendix 5, be adopted and following public notification, take effect from 1 July 2020. Animal Control 6. That the fees and charges for the Impounding of Animals (in terms of section 14 of the Impounding Act 1955) and for Dog Registration and Dog Impounding (in terms of sections 37 and 68 of the Dog Control Act 1996) as proposed in Appendix 6 be adopted, and following public notification, take effect from 1 July 2020 and that the preferred owner application and suggested process to retain preferred owner status – current preferred owner fee be deleted. Burial & Cremation 7. That the fees and charges for Burial and Cremation, as proposed in Appendix 7 be adopted and following public notification, take effect from 1 July 2020. Service Connections 8. That the fees and charges for Service Connections, as proposed in Appendix 8 be adopted and take effect from 1 July 2020. Sportsfields 9. That the fees and charges for Sportsfields as proposed in Appendix 9 be adopted and take effect from 1 July 2020. Bulk Water Filling Station 10. That the fees and charges for the Bulk Water Filling Station as proposed in Appendix 10 be adopted and take effect from 1 July 2020.

Attachments

Nil